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Biotech / Medical : Transkaryotic(tktx)

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To: trevor john wilkinson who wrote ()	6/9/2000 5:11:00 PM
From: Souze	Read Replies (1) of 122

Judge Rules In Favor Of Transkaryotic Motion By Beth M. Mantz Dow Jones Online News, 06/9/2000 16:56 BOSTON -(Dow Jones)- Federal District Court Judge William Young ruled Transkaryotic Therapies Inc. (TKTX) and Aventis SA (AVE) didn't infringe the process claims of one of Amgen Inc.'s (AMGN) patents as well as certain claims within another patent. Ruling on Transkaryotic's and Aventis' motions of noninfringement, Young said that he wasn't persuaded by Amgen's arguments that Transkaryotic's process infringes literally or by the doctrine of equivalence on the claims of patent 5,618,698. Young also found no literal infringement by Transkaryotic on Amgen's 5,621,080 patent because those claims depend on the protein structure of Amgen's erythropoietin, which is comprised of 166 amino acids. Transkaryotic's version of erythropoietin has 165 amino acids. Amgen could still argue that the defendants infringed the '080 patent by the doctrine of equivalence, which refers to an infringement in spirit if not necessarily in the words of the patent.

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